CITY OF CARMEL-BY-THE-SEA

Planning Commission Report

December 14, 2016
To:

Chair Goodhue and Planning Commissioners

From:

Marc Wiener, AICP, Community Planning and Building Director

Subject:

Consideration of recommendations to the City Council for an Ordinance

amending Municipal Code Sections 17.14 and 17.68 to: 1) Require a
conditional use permit for certain land uses, 2) Add new land use
definitions, 3) Add use permit voting requirements, and 4) Add an
allowance for authorization of temporary uses on private property.

Recommendation:
Adopt Resolution 2016-01 recommending that the City Council adopt an Ordinance amending
Municipal Code Sections 17.14 and 17.68.
Background:
Over the past several months the Planning Commission has been considering making
amendments to the Citys Municipal Code that include: 1) the conversion of certain land uses
from a permitted use to a conditional use, 2) adding a few new land use definitions, 3) adding
use permit voting requirements, and 4) adding a section to the code that addresses temporary
uses on private property. At the November 2016 meeting, the Planning Commission reviewed
draft amendments to the Municipal Code and directed staff to return with minor revisions.
Staff has made the revisions and is requesting that the Planning Commission adopt a resolution
recommending that the City Council approve the proposed amendments.
Staff analysis:
The following is a brief overview of the code sections that were amended. The proposed
amendments are consistent with the recommendations made by the Planning Commission at
the November 9, 2016 meeting.

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Conditional Uses and Definitions: Title 17.14 of the Municipal Code regulates land use in the
commercial district. Certain uses are classified Permitted (aka use by right) and others are
classified as requiring a Conditional Use Permit. The review process and level of discretion by
the City depends on the classification. The City is obligated to approve a permitted use through
the business license process, so long as the business meets the zoning requirements and code
definition of the use. The use is approved without a requirement to go before the Planning
Commission and special conditions cannot be applied. The majority of businesses in Carmel,
such as clothing stores, art galleries, offices, etc. are classified as a permitted use.
A permitted use is distinctively different from a conditional use. Pursuant to the Citys
Municipal Code, conditional use permits are approved by the Planning Commission and the
decision is discretionary. In order to approve a conditional use permit certain findings must be
made and the approval is made with conditions. In Carmel, one of the standard findings
necessary is that proposed use will not conflict with the Citys goal of achieving and maintaining
a balanced mix of uses that serve the needs of both local and non-local populations. Land uses
that are classified as a conditional use typically are unique in nature and require special review
or have the potential to impact surrounding properties. The project is often conditioned to
mitigate these potential impacts.
Due to potential neighborhood, traffic and community character impacts, the Planning
Commission recommended that the Land Use Table (17.14.030) in the Zoning Code be
amended to convert liquor stores, community centers, and small conference facilities from a
permitted use to conditional. Cosmetic stores and wine tasting shops were also added to the
Land Use Table and both require a conditional use permit. Definitions for these two uses were
also added to the Commercial Use Classification (CMC 17.68.050) section of the Zoning Code.
In addition to these amendments, the regulations for Sporting Goods, Bicycles, Hobbies, Toys
and Games (CMC 17.14.040) were amended to recognize bicycle rentals as an activity and a
conditional use permit is required.
Use Permit Voting Requirements: The use permit voting requirements are currently contained
in the Planning Commission Rules of Procedure, which states that decisions on use permits
require a minimum of four members for a quorum and four affirmative votes. In order to
codify the voting requirements, the following draft language has been added to section
17.14.050 of the Municipal Code:

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When voting on a conditional use permit a quorum shall consist of four (4)
members of the Planning Commission or City Council. The decision to grant a
conditional use permit shall require an affirmative vote of a minimum of 3/4 of
the membership present and voting.
Consistent with the Planning Commission Rules of Procedure, this new code section requires
that at least four members must be present for a decision on a use permit. However, this
regulation differs from the current policy in that a supermajority vote is now required for
approval rather than requiring four affirmative votes. For example, under the current policy if
only four members are present, the vote would have to be unanimous to approve a use permit.
Under the revised policy if four members are present, three affirmative votes would be
sufficient for an approval. Staff notes that this new code section also addresses City Council
voting requirements, which is currently not addressed by any City policy. The Planning
Commission Rules of Procedure will need to be amended to be consistent with this code
revision if adopted.
Temporary Use: The Community Planning and Building Department currently authorizes
temporary uses on private property in accordance with CMC 9.16.030, which states:
The Director of Community Planning and Building may authorize the playing of
musical instruments with or without vocal accompaniment in conjunction with
the sale or serving of alcohol during private (nonpublic) events and during
temporary uses/special events open to the public, located on private property. All
such events shall comply with CMC 17.14.050(G)(1), noise restrictions. The
Director shall authorize no more than four public events per calendar year, per
property.
The above section of the code primarily pertains to events involving music in establishments
that serve alcohol such as restaurants or bars. Nevertheless, the City has historically applied
this section of the code to authorize a broad range of special events on private property such as
art gallery shows/parties, wine tasting room social events, and larger events such as car or food
shows in the Carmel Plaza.
During the Planning Commission review of the zoning code, it was recommended that a section
be added to Title 17.14 of the Municipal Code that more clearly defines the permitting

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requirements and allowances for temporary uses in the commercial district. Staff had added
the following to section 17.14.050 of the Municipal Code:
The Director of Community Planning and Building may authorize temporary uses
to occur on private property not exceeding five consecutive days. Temporary
uses exceeding five consecutive days shall be referred to the Planning
Commission for a decision. Decisions on temporary use permits may be referred
to the Planning Commission when, in the opinion of the Director, the use may be
objectionable to persons residing or working in the vicinity. The Director shall
authorize no more than four temporary uses per calendar year, per property. A
temporary use is defined as an activity or event on private property that is limited
in duration and is not expressly permitted by the underlying business license or
conditional use permit.
In staffs opinion, this new code section will adequately address request for events on
private property. Nevertheless, the Planning Commission may recommend revisions if
it has concerns with the proposed language.
Zoning Code/Local Coastal Program: The Land Use Element of the General Plan and
Title 17 of the Municipal Code (aka Zoning Code) is included in the City Local Coastal
Program (LCP) and any amendments to the code also constitute an amendment to the
Citys LCP. The proposed amendments are internally consistent with all other sections
of the Citys Zoning Code and General Plan, and hence are consistent with the Citys
LCP. The proposed amendments will allow the City to better regulate certain land
uses in accordance with the following list of General Plan objectives and policies:
O1-3: Preserve the economic integrity of the community and maintain an economic
philosophy toward commercial activity ensuring compatibility with the goals and
objectives of the General Plan.
O1-4: Maintain a mix of commercial uses that are compatible with the character of
Carmel as a residential village.

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P1-71: Adopt appropriate ordinances that will regulate uses, including the intensity of
land use, in a manner that is consistent with the character of Carmel, including the
concept of planned commercial zoning through the permit procedure and specific
criteria for such use permits
P1-6: Monitor the mix of permitted and conditional uses in the commercial and
multifamily land use districts in order to maintain a transition of land use to the singlefamily residential district.
P1-16: Periodically review the mix of business uses in all commercial districts to assess
the progress in achieving the land use objectives of the community and the success of
policies and ordinances in achieving those objectives.
P1-21: Control and reduce where possible the number of business uses that are found
to be out of proportion with a balanced mix of uses necessary to protect the residential
character and economic objectives of the community.
Pursuant to Chapter 17.62.030 of the Citys Municipal Code, proposed amendments to the Title
17 Zoning Code are required to be reviewed by the Planning Commission prior to going before
the City Council. Attachment A is a Planning Commission Resolution, recommending that the
City Council adopt an Ordinance amending Municipal Code Chapters 17.14 and 17.68 as
identified in Attachment B.
Environmental Review: Categorical Exemption: The proposed project is categorically exempt
from the provisions of the California Environmental Quality Act (CEQA) per State CEQA
Guidelines Section 15305 (Class 5 Minor Alterations to Land Use Limitations). This exemption
applies to projects involving minor alterations to land use limitations, which do not result in
changes in land use or density. The proposed Ordinance Amendment falls under a Class 5
categorical exemption because it involves minor amendments to the Zoning Code that include
requiring a conditional use permit for certain land uses, adds a few new land use definitions,
codifies the use permit voting requirements, and allows authorization for temporary events on
private property. The proposed Zoning Code amendments do not significantly change the
current land use regulations. The amendments also do not propose or require physical changes
to any specific property that will negatively impact the environment.

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December 14, 2016
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ATTACHMENTS:

Attachment A - Resolution No. 2016-01

Attachment B Draft Code Amendments (Chapter 17.14 and 17.68)

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Attachment A PC Resolution
CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION RESOLUTION NO. 2016-01
A RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN
ORDINANCE AMENDING CHAPTERS 17.14 AND 17.68 OF THE MUNICIPAL CODE TO
REQUIRE A CONDITONAL USE PERMIT OF CERTAIN LAND USES, ADD NEW LAND
USE DEFINITIONS, ADD USE PERMIT VOTING REQUIREMENTS AND ADD AN
ALLOWANCE FOR AUTHORIZATION OF TEMPORARY USES ON PRIVATE
PROPERTY.

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself in

its community character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive to
protect the village character through clear policies and regulations; and
WHEREAS, the proposed code amendments are consistent with the General Plan and
internally consistent with other sections of the Municipal Code; and
WHEREAS, the proposed code amendments are consistent with General Plan Policy P116 which states to periodically review the mix of business uses in all commercial districts to
assess the progress in achieving the land use objectives of the community and the success of
policies and ordinances in achieving those objectives; and
WHEREAS, the proposed code amendments are designed to ensure that commercial uses
are compatible with the character of the downtown and to encourage a mix of uses; and
WHEREAS, the proposed amendments will preserve the economic integrity of the
community and maintain an economic philosophy toward commercial activity ensuring
compatibility with the goals and objectives of the General Plan; and
WHEREAS, the Citys Zoning Ordinance is also its Local Coastal Program; and
WHEREAS, the City certifies that the amendments are intended to be carried out in a
manner fully in conformance with the Coastal Act; and
WHEREAS, this ordinance is an amendment to titles 17.14 and 17.68 of the Citys
Zoning Ordinance/Local Coastal Implementation Plan and requires certification by the California
Coastal Commission; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
14, 2016 at which time it considered all evidence presented, both written and oral and at the end
of the hearing voted to adopt a resolution recommending that the City Council adopt this
Ordinance; and

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NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE

CITY OF CARMEL-BY-THE-SEA AS FOLLOWS:
Section 1.
Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct.
Section 2.
CEQA Findings. Categorical Exemption: The proposed project is
categorically exempt from the provisions of the California Environmental Quality Act (CEQA)
per State CEQA Guidelines Section 15305 (Class 5 Minor Alterations to Land Use
Limitations). This exemption applies to projects involving minor alterations to land use
limitations, which do not result in changes in land use or density. The proposed Ordinance
Amendment falls under a Class 5 categorical exemption because it involves minor amendments
to the Zoning Code that include requiring a conditional use permit for certain land uses, adds a
few new land use definitions, codifies the use permit voting requirements, and allows
authorization for temporary events on private property. The proposed Zoning Code amendments
do not significantly change the current land use regulations. The amendments also do not
propose or require physical changes to any specific property that will negatively impact the
environment.
Section 3.
Planning Commission Review and Recommendation. Pursuant to
Zoning Code Chapter 17.62, the Planning Commission has reviewed the proposed Zoning Code
amendments set forth in Attachment B. The Planning Commission hereby recommends their
adoption by the City Council.

PASSED AND ADOPTED BY THE PLANNING COMMISSION OF THE CITY OF

CARMEL-BY-THE-SEA this 14th day of December 2016 by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST:
_________________________________
Cortina Whitmore, Admin. Coordinator

SIGNED:
_________________________________
Don Goodhue, Planning Commission Chair

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Attachment B Draft Code Amendments

17.14.030 Land Use Regulations.
Schedule II-B: Commercial Districts Use Regulations
P = Permitted Use

Commercial Districts

L = Limitations Apply
Additional Regulations
C = Conditional Use Permit

CC

SC

RC

Animal Grooming

See CMC 17.14.040(C)

Animal Hospitals

See CMC 17.14.040(C)

Kennels

See CMC 17.14.040(C)

Required
Retail
Animal Sales and Services

Automobile Sales and Services

See CMC 17.14.040(D)

Motorcycles, Mopeds and Parts P

Vehicle Repair

Vehicle Service and Gasoline

See CMC 17.14.040(D)

Building Materials, Hardware

See CMC 17.14.040(G)

and Garden Supplies

Eating and Drinking

See Chapter 17.56CMC

Establishments
Drinking Places

See CMC 17.14.040(I)

Restaurant, Full Line

See CMC 17.14.040(I)

Restaurant, Specialty

See CMC 17.14.040(I)

Food and Beverage Sales

See Chapter 17.56CMC

Convenience Market

L-2

L-2

See CMC 17.14.040(D)(2) and (J)(2)

Food Store Full Line

See CMC 17.14.040(J)

Food Store Specialty

See CMC 17.14.040(J)

Liquor

PC

PC

See CMC 17.14.040(J)

Wine Tasting Shop

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Retail Sales

See Chapter 17.16CMC; See CMC 17.14.040(T)

Antique Shops

See CMC 17.14.040(T)

Art Galleries

See CMC 17.14.040(T)

Arts and Crafts

See CMC 17.14.040(T)

Jewelry Shops

See CMC 17.14.040(T)

Cosmetic Stores

Sales by Public Outcry (Auction)

See CMC 17.14.040(U)

Specialty, Theme

See CMC 17.14.040(T)

Stationery

See CMC 17.14.040(T)

Thrift Shops

See CMC 17.14.040(T)

Vending Machines

See CMC 17.14.040(T)

See CMC 17.14.040(F)

See CMC 17.14.040(E)

Business Services

L-1

Commercial Recreation

Community Care Facility

Computer Services

Day Care Centers

Emergency Medical Care

Government Offices

Hotels and Motels

Service/Office
Banks and Other Financial
Institutions
Automatic Teller Machines
(ATM)

See CMC 17.14.040(H)

See Chapter 17.56CMC, Restricted Commercial Uses,

and CMC 17.14.040(M)

Hospitals and Clinics

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Hospitals

See CMC 17.14.040(L)

See CMC 17.14.040(L)

Clinics

Hospice Care, Limited

Maintenance and Repair

L-3

L-3

L-3

Business and Professional

Medical and Dental

Other

L-4

See CMC 17.14.040(O)

Parking Facilities, Commercial

See CMC 17.14.040(P) and Chapter 17.64CMC,

Services
Office

Findings Required for Permits and Approvals

Personal Improvement Services C

See CMC 17.14.040(Q)

Personal Services

Laundry and Dry Cleaning

See CMC 17.14.040(R)

Video Tape Rental

See CMC 17.14.040(R)

Research and Development

See CMC 17.14.040(S)

General

Limited

Senior

Travel Services

Testing Services
Residential Care Facilities

See CMC 17.14.040(V)

Residential/Public and Semipublic

Colleges and Trade Schools

Community Centers

PC

PC

PC

Conference Facilities, Small

PC

PC

PC

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Community Social Service

Facility
Family Day Care

See CMC 17.08.050(B)

Small Family

Large Family

Libraries, Public

Multifamily Dwellings

See CMC 17.14.040(N)

Specific Limitations and Conditions:

L-1: Limited to advertising, consumer credit reporting, secretarial court reporting, equipment maintenance and
repair, personnel supply services, and nonretail computer services and repair.
L-2: Allowed only as accessory use to gasoline stations and limited to a maximum of 300 square feet. No sales of
alcohol are permitted. See CMC 17.14.040(D)(2) and (J)(2).
L-3: Any establishments with activities generating noise, odors, deliveries by large vehicles, high traffic by
customers, or requiring large storage needs are not permitted.
L-4: Limited to offices for the following categories: operators of nonresidential buildings, apartment buildings,
dwellings, real estate agents and managers, and title companies.
L-5: Limited to sites that are already developed with a single-family dwelling, or that were originally developed as,
or used as, a single-family dwelling but have since been converted to another use. Existing single-family
dwellings can be maintained, altered, repaired and/or redeveloped. R-1 district floor area ratio standards shall
apply to these sites.

17.14.040 Additional Use Regulations.

J. Food and Beverage Sales.
1. All Food and Beverage Sales.
a. Adequate facilities shall be provided on the site for the closed storage of trash and garbage
generated by the use. The on-site storage shall be designed so that the area can be cleaned and
the refuse removed without creating a public nuisance and without being placed on the sidewalks
or other public ways.

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b. Cooking equipment shall be limited to indoor stoves and ovens.

2. Food Store, Full Line.
a. The use may be combined with liquor stores in the CC and SC districts upon meeting the
requirements in subsection (J)(4) of this section, Liquor.
b. A delicatessen providing a broad range of bulk specialty items primarily for home or workplace
consumption such as breads, cheeses, meats, prepared salads, dried goods, and limited take-out
food such as sandwiches and salads may be allowed as an incidental use. Cooking equipment
shall be limited to indoor stores and ovens.
c. No seating shall be provided indoors or outdoors on the site.
d. Maximum number of food stores and/or restaurants located within structures fronting on Ocean
Avenue: 15. See also Chapter 17.56 CMC, Restricted Commercial Uses.
e. See also subsection (J)(1) of this section, All Food and Beverage Sales.
3. Food Store, Specialty.
a. No specialty food store shall be permitted that is classified as a drive-in, fast food or formula
food establishment as defined in this code.
b. All food sold for consumption off the premises shall be placed in covered containers or
wrappings.
c. The use may be combined with liquor stores and beer in the CC and SC districts upon meeting
the requirements of subsection (J)(4) of this section, Liquor.
d. Maximum number of food stores and/or restaurants within structures fronting on Ocean Avenue:
15. See also Chapter 17.56 CMC, Restricted Commercial Uses.
e. See also subsection (J)(1) of this section, All Food and Beverage Sales.

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4. Liquor.
a. All food merchandise sold must be pre-packaged items only and not occupy more than 10
percent of the retail or window display area.
b. Minimum distance from another use selling distilled spirits intended for either on-site or off-site
consumption: 200 feet.
c. Minimum distance from an R-1 district: 100 feet.
d. In the RC district, liquor sales are limited to off sale beer and wine and only as an accessory use
in a full-line food store.
e. See also subsection (J)(1) of this section, All Food and Beverage Sales.
5. Wine Tasting Shop

a. Shall meet the standards of the Citys adopted Wine Tasting Room Policy.

b. Minimum distance from another use selling distilled spirits intended for either on-site or off-site
consumption: 200 feet.

c. Minimum distance from an R-1 district: 100 feet.

d. Permitted in the CC and SC districts with the issuance of a conditional use permit.

T. Retail Sales. No discount stores, manufacturers outlet stores, catalog stores, or stores devoting more than
15 percent to the sale of second-quality, irregular or discontinued merchandise or to the liquidation of
merchants or manufacturers stock shall be established. All retail sales shall be conducted from within a fixed
place of business.
14. Sporting Goods, Bicycles, Hobbies, Toys and Games.
a. All merchandise must be contained within an enclosed building.
b. These uses may be combined with each other, apparel stores and with sales of motorcycles,
mopeds.

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c. Uses that include motorized bicycles, mopeds or motorcycles are not allowed in buildings
fronting on Ocean Avenue or within 300 feet of an R-1 district.
d. Uses that include bicycle rentals require the issuance of a conditional use permit.
15. Stationery Stores. In the RC district, stationery stores are limited to uses providing a full range of
paper products, office forms, office supplies, stationery, pens, pencils and writing supplies.
16. Used Merchandise.
a. The used merchandise must be sold for nonprofit purposes or as used books in a bookstore.
b. Used merchandise cannot include automotive supplies and equipment, and building materials.
c. Antiques, jewelry or art cannot occupy more than 10 percent of the total display area for used
merchandise, including window displays.
17. Vending Machines.
a. Only machines not visible from any public right-of-way and fully contained within an enclosed
structure are allowed.
b. Maximum number of machines within a place of business: two.
18. Cosmetic Stores.
a. All merchandise must be contained within an enclosed building.

b. Permitted in the CC and SC districts with the issuance of a conditional use permit.

17.14.050 Regulations Applied in All Commercial Districts.

A. No existing residential dwelling unit shall be converted or demolished unless replacement housing is
provided in accordance with findings established in CMC 17.64.070, Demolition and Conversion of Residential
Structures.

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B. Any change in use that modifies the findings and conditions upon which a use permit was granted shall be a
basis for revocation of, or amendment to, the use permit.

C. When voting on a conditional use permit a quorum shall consist of four (4) members of the Planning
Commission or City Council. The decision to grant a conditional use permit shall require an affirmative vote of
a minimum of 3/4 of the membership present and voting.

CD. Conditionally permitted uses operating without a use permit that existed prior to the adoption of this code,
and conditionally permitted uses operating with a use permit approved under standards or findings that have
been amended since the permit was granted, shall be reviewed at the time the use changes ownership. The
form and purpose of this review shall be limited to:

1. Granting a new use permit at a public hearing when the use is determined to meet all current
standards for approval; or
2. When the Director determines that a conforming use permit cannot be approved, this process shall be
limited to an administrative review and documentation to establish the characteristics of the use,
including those listed below, as a matter of public record, to ensure that the use is not altered through
the passage of time and successive ownerships. The following shall be documented:
a. Define the use by its NAICS including any subclassifications or special characteristics;
b. Define the size, capacity, hours of operation, and floor area of the use;
c. Identify all nonconformities associated with the use and the structure within which it is located;
d. Identify the characteristics of the use including but not limited to its compliance with general
development regulations in CMC 17.14.040(A) and (B);
e. Identify any standards, required findings and/or standard or special conditions of approval,
applicable to the use, to which the use conforms.
DE. Any construction resulting in a net increase in the amount of commercial floor area shall require a
conditional use permit and coastal development permit authorizing such increase. Prior to authorizing such
increase, the Planning Commission shall make all findings listed in CMC 17.64.100, Increase in Commercial

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Floor Area, Commercial Spaces or Business. The decision-making body may approve plans submitted or may
approve such plans subject to specified changes or conditions.
EF. Except as provided for legally established motel units in CMC 17.14.040(M), Hotels and Motels, all newly
constructed second story floor area, including area in new buildings, remodeled buildings and replacement,
rebuilt or reconstructed buildings, shall be occupied by residential dwellings only and shall not be used for any
commercial land use, except as follows:
1. Existing floor area established at any level above the first story at or near street grade may continue to
be used for occupancy by commercial land uses except for those limited to the first story by
CMC 17.12.030, Demolition and Rebuilding of Structures.
2. When such existing commercial space is currently occupied by a retail use, the use may be replaced
by another retail use, service use or residential use allowed within the underlying land use district.
3. When such existing space is occupied by a service use, only service or residential uses shall be
allowed as a replacement use.
FG. No existing residential dwelling unit occupying floor space at any level above the first story in any structure
shall be converted to any commercial use.
GH. For uses in the RC land use district or located on any property within 300 feet of an R-1 land use district
the following standards shall apply:
1. No activity shall be permitted that generates noise in excess of 55 dB at the exterior of the building or
yard in which the use is conducted. No activity shall be permitted that causes in excess of 50 dB
measured at the property line of any site in the vicinity of the use. Proposed activities that would
generate or cause noise in excess of these levels shall require mitigation to achieve these standards or
shall be prohibited. Sound measurements shall be made using a sound level meter calibrated for the Aweighted scale and shall be averaged over a 15-minute period. If the use generates or causes noise
which includes a steady whine, screech or hum, or is repetitive or percussive or contains music or
speech the respective noise standards shall be reduced by five decibels.

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2. Any activity requiring deliveries by vehicles wider than eight feet or vehicles of three axles or more
shall provide off-street loading facilities adequate to avoid double parking on street. Such facilities shall
be used to the extent feasible.
3. Proposed commercial uses that are estimated to generate more than 40 vehicle trips per day per
1,000 square feet of floor space, including but not limited to all retail uses, shall be prohibited from
operating before 8:00 a.m. or after 8:00 p.m. All other commercial uses shall be prohibited from
operating before 6:00 a.m. or after 9:00 p.m. (Ord. 2004-02 1, 2004; Ord. 2004-01 1, 2004).
I. The Director of Community Planning and Building may authorize temporary uses to occur on private property
not exceeding five consecutive days. Temporary uses exceeding five consecutive days shall be referred to the
Planning Commission for a decision. Decisions on temporary use permits may be referred to the Planning
Commission when, in the opinion of the Director, the use may be objectionable to persons residing or working
in the vicinity. The Director shall authorize no more than four temporary uses per calendar year, per property.
A temporary use is defined as an activity or event on private property that is limited in duration and is not
expressly permitted by the underlying business license or conditional use permit.

17.68.050 Commercial Use Classifications.

Food and Beverage Sales. Retail sales of food and beverages primarily for off-site consumption. Typical uses
include markets, groceries, liquor stores, and retail bakeries.
Convenience Market. Retail establishments that sell a limited line of groceries, prepackaged food items,
tobacco, periodicals, and other household goods. This classification does not include delicatessens or specialty
food shops.
Food Store-Full Line. Retail food markets, with no seating on-site, providing a full range of food and grocery
items including meats, poultry, produce, dairy products, and canned and dried goods for home preparation.
These markets may have specialty food sales as an incidental use, such as bakeries and delicatessens.
Food Store-Specialty. Retail food markets, with no seating on the site, that provide a specialized and limited
range of food items sold primarily for home preparation and consumption. Examples include such uses as:

Bakeries;

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Candy, nuts and confectionery stores;

Meat or produce markets;

Vitamins and health food stores;

Cheese stores and delicatessens.

Liquor. Establishments primarily engaged in selling packaged alcoholic beverages such as ale, beer, wine and
liquor.
Wine Tasting Shop. Establishments primarily engaged in the retail sale of wine for off-site consumption and as
an ancillary use includes the service of wine for on-site consumption.
Retail Sales. The retail sale of merchandise not specifically listed under another use classification. This
classification includes bookstores, camera shops, clock shops, clothing stores, drugstores, florist shops, hobby,
toys and game shops, furniture stores, luggage stores, musical instrument stores, newsstands, optical goods
stores, shoe stores, souvenir stores, sporting goods stores, stationary stores, and tobacco, pipes, cigarettes,
and smokers supplies.
Antique Shops. Establishments selling collectible merchandise that is old or rare.
Art Galleries. Establishments primarily engaged in selling and displaying original and limited edition art works
including paintings, graphic arts, photography, and sculpture.
Arts and Crafts. Establishments selling handcrafted merchandise for home decoration or furnishings within one
or more of the following categories: pottery, glass, fabric, paper, wood, fiber or ceramics. Goods sold at these
stores are unique, artisan-produced items rather than machine or mass-produced goods.
Jewelry Shops. Retail stores selling a combination of jewelry items, predominantly handcrafted, including
diamonds and other precious stones mounted in precious metals, such as rings, bracelets, brooches, sterling
and plated silverware, and watches.
Specialty or Theme. A retail store selling a specialized line of merchandise not otherwise defined including art
and architecture supplies, candles, coins and stamps, gems, rocks and stones, telescopes, and binoculars. A

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theme store may combine merchandise lines from several classifications with all merchandise organized
around a central concept or idea.
Thrift Shops. Nonprofit organizations selling used goods normally consisting of household discards. This
classification does not include such specialty stores as used bookstores, antique stores, jewelry stores, or
stamp and coin collection shops.
Vending Machines. Coin, token, currency, or magnetic card-operated machines selling a variety of goods
including candy, snacks, sodas, toys, and trinkets.
Cosmetic Shops. A retail store as a primary use selling cosmetics, perfumes, skin-care products, toiletries, and
personal grooming products.

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